Prenuptial and Postnuptial Agreements in Colorado
Prenuptial and Postnuptial Agreements in Colorado
A prenup is only as good as the paper it’s written on. That’s a cliché. It’s also wrong. A prenup is only as good as the process that created it.
We see prenuptial agreements come apart in Colorado courts for the same reasons over and over: one side didn’t fully disclose their finances, the agreement was signed under pressure a week before the wedding, one party didn’t have their own lawyer, or the terms are so lopsided that a judge looks at them and says, “No.”
We also see agreements hold up—and save our clients enormous time and money—when they were done right from the start.
What Makes an Agreement Enforceable
Colorado adopted the Uniform Premarital and Marital Agreements Act. The requirements are straightforward in theory and demanding in practice. Both parties must sign voluntarily. Both must have access to independent legal counsel—or make a knowing, documented waiver of that right. And there must be adequate financial disclosure. Not “I told her roughly what I had.” Documented, detailed disclosure of assets, liabilities, and income.
The agreement also can’t be unconscionable. Colorado courts won’t enforce a deal that is so fundamentally unfair that it shocks the conscience—measured at the time of enforcement, not just at signing.
Timing Matters More Than People Think
An agreement presented the night before the wedding, with one side’s lawyer having drafted everything and the other side having no counsel? That’s a challenge waiting to happen. The further in advance the agreement is negotiated and signed, the harder it is to argue coercion. Give the process at least several weeks. Months is better.
What They Can’t Do
Prenups and postnups cannot determine child custody or child support. Those are always subject to the court’s determination based on the child’s best interests at the time of divorce. Any provision attempting to predetermine custody will be ignored.
If You Have One Already
If a prenup or postnup will factor into your divorce, get it reviewed early. Whether you’re the one who wants to enforce it or the one who wants to challenge it, understanding the agreement’s likely enforceability shapes your entire legal strategy.
Burnham Law both drafts and litigates these agreements. We know what courts look for because we’ve been on both sides of the argument.